Monday, August 31, 2009

Rights on lien

Rights of an unpaid seller:

1.rights of an unpaid seller against the goods:

When they are property in the goods has passed to the buyer, an unpaid seller has the following rights against the goods.

2.right of lien:

A lien is a right to retain possession of goods until payment of the price. It is available to the unpaid seller of the goods who is in position of them.

3.right of stoppage in transit:

The right of stoppage in transit is a right of stoping the goods in transit after the unpaid seller has parted with the position of the goods. He has the further right of resuming possetion of the goods.

It is unpaid seller availed in-

1.when the buyer becomes insolvent; and

2.when the goods are in transit.

Duration of transit:

Transit is an intermediate stage. Goods are deemed to be in course of transit from the time they are delivered to a carrier, or other buyer for the agent.

The carrier may hold goods-

1.as seller agent.

2.as buyer agent.

3.in an independent capacity.

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